David Lilly v. Anheuser-Busch LLC et al

Filing 8

MINUTE ORDER (IN CHAMBERS) ORDER TO SHOW CAUSE WHY THIS CASE SHOULD NOT BE DISMISSED FOR LACK OF SUBJECT MATTER JURISDICTION by Judge Audrey B. Collins. Plaintiff is hereby ORDERED to SHOW CAUSE in writing no later than Monday, June 3, 2013, why t his Court should not dismiss this action for lack of subject matter jurisdiction. An appropriate response would be a memorandum properly alleging the parties' citizenship, or a First Amended Complaint properly alleging the parties' citizenship. Should Plaintiff fail to file a response by the deadline, the Court will dismiss this case for lack of subject matter jurisdiction. (PLEASE REVIEW DOCUMENT FOR FULL AND COMPLETE DETAILS)( Response to Order to Show Cause due by 6/3/2013.) (lw)

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES - GENERAL
Case No.

CV 13-03082 ABC (JCx)

Title

David Lilly v. Anheuser-Busch LLC et al.

Present: The
Honorable

Date

May 20, 2013

Audrey B. Collins

Angela Bridges

None Present

Deputy Clerk

Court Reporter / Recorder

Tape No.

Attorneys Present for Plaintiffs:

Attorneys Present for Defendants:

None Present

None Present

Proceedings:

ORDER TO SHOW CAUSE WHY THIS CASE SHOULD NOT BE
DISMISSED FOR LACK OF SUBJECT MATTER JURISDICTION
(In Chambers)

Plaintiff David Lilly (“Plaintiff”) filed his Complaint in this Court on the basis of diversity
jurisdiction. However, Plaintiff has not adequately pled the parties’ citizenship.
First, although Plaintiff pleads that he is a “resident” of Los Angeles County, he had not pled his
citizenship. Compl. ¶ 2.
Second, as to Defendant Anheuser-Busch LLC, Plaintiff alleges only that its principal place of
business is St. Louis, Missouri. Compl. ¶ 1. But Defendant is a limited liability company (“LLC”). For
purposes of diversity jurisdiction, a limited liability company, like a partnership, is a citizen of every
state of which its owners/members are citizens. Johnson v. Columbia Properties Anchorage, LP, 437
F.3d 894, 899 (9th Cir. 2006). As such, to properly allege diversity jurisdiction, a complaint must state
the citizenship of each member of an LLC. Because the Complaint does not allege the citizenship of
Defendant’s members, the Court cannot determine that is has subject matter jurisdiction over this case.
Accordingly, Plaintiff is hereby ORDERED to SHOW CAUSE in writing no later than
Monday, June 3, 2013, why this Court should not dismiss this action for lack of subject matter
jurisdiction. An appropriate response would be a memorandum properly alleging the parties’
citizenship, or a First Amended Complaint properly alleging the parties’ citizenship. Should Plaintiff
fail to file a response by the deadline, the Court will dismiss this case for lack of subject matter
jurisdiction.
IT IS SO ORDERED.
:
Initials of Preparer

CV-90 (06/04)

CIVIL MINUTES - GENERAL

AB

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